John Battaglia
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John David Battaglia Jr.Pence, / ISBN 9780786032372 (2012 edition), Chapter 2,
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, "His Grandfather Battaglia, an Italian immigrant, lived in Brooklyn, New York ..
(August 2, 1955 – February 1, 2018) was an American
convicted In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is co ...
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
er who was
executed Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
by the state of
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
for
filicide Filicide is the deliberate act of a parent killing their own child. The word ''filicide'' is derived from the Latin words and ('son' and 'daughter') and the suffix ''-cide'', meaning to kill, murder, or cause death. The word can refer both ...
. He was convicted of killing his two young daughters in May 2001 in an act of "ultimate revenge" against his estranged wife, Mary Jeane Pearle, who had separated from him after his numerous instances of assault and violence. Battaglia was executed for the murders on February 1, 2018."Battaglia, John David"
Texas Department of Criminal Justice The Texas Department of Criminal Justice (TDCJ) is a department of the government of the U.S. state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails, ...
. Retrieved March 30, 2016.


Background

Battaglia was of Italian ancestry and was born on a military base in
Enterprise, Alabama Enterprise is a city in the southeastern part of Coffee County and the southwestern part of Dale County in Southeastern Alabama, United States. Its population was 28,711 at the 2020 census. Enterprise is the primary city of the Enterprise micr ...
. As a child, he moved across the country and to Germany. His father left the military in 1970. He attended high school in Oregon and
Dumont, New Jersey Dumont is a Borough (New Jersey), borough in Bergen County, New Jersey, Bergen County, New Jersey, United States. As of the 2010 United States Census, the borough's population was 17,479,Dumont High School Dumont High School is a four-year comprehensive public high school that serves students in ninth through twelfth grade from Dumont, in Bergen County, New Jersey, United States, operating as the lone secondary school of the Dumont Public Scho ...
.Pence, , 9780786032372 (2012 edition), Chapter 2,
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He attended
Fairleigh Dickinson University Fairleigh Dickinson University is a private university with its main campuses in the U.S. state of New Jersey. Founded in 1942, Fairleigh Dickinson University currently offers more than 100 degree programs to its students. In addition to its tw ...
, being an accounting major after initially being a pre-med major, but dropped out in 1976 at the urging of a friend. After getting into trouble with the law for using illegal drugs, he joined the
Marines Marines, or naval infantry, are typically a military force trained to operate in littoral zones in support of naval operations. Historically, tasks undertaken by marines have included helping maintain discipline and order aboard the ship (refle ...
.Pence, , 9780786032372 (2012 edition), Chapter 2
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He became a sergeant and left the Marines to become an accountant. He moved to Dallas because his father lived there, and he took night classes to become a
Certified Public Accountant Certified Public Accountant (CPA) is the title of qualified accountants in numerous countries in the English-speaking world. It is generally equivalent to the title of chartered accountant in other English-speaking countries. In the United Sta ...
(CPA) and did modeling.Pence, , 9780786032372 (2012 edition), Chapter 2,
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(last page).
He ultimately became an accountant.Dallas man John David Battaglia granted stay of execution for killing daughters, 9 and 6, while his ex-wife listened helplessly on the phone
" ''
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'' at the ''
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''. Wednesday March 30, 2016. Retrieved on March 31, 2016.
He had a daughter, Christie, from a previous marriage to Michelle Ghetti (née LaBorde) in
Dallas Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...
.Mervosh, Sarah.
In killers' minds, love never left
(Part 3 of Deadly Affection). ''
The Dallas Morning News ''The Dallas Morning News'' is a daily newspaper serving the Dallas–Fort Worth area of Texas, with an average print circulation of 65,369. It was founded on October 1, 1885 by Alfred Horatio Belo as a satellite publication of the ''Galvesto ...
''. Retrieved on March 31, 2016.
At one point Ghetti, an attorney, filed a request for Battaglia to be arrested on grounds of harassment. He had committed domestic violence against Ghetti; on one occasion he assaulted her outside of the school Christie attended, on another, he caused her a
broken nose A nasal fracture, commonly referred to as a broken nose, is a fracture of one of the bones of the nose. Symptoms may include bleeding, swelling, bruising, and an inability to breathe through the nose. They may be complicated by other facial frac ...
," and in another, he assaulted her at a bus stop in retaliation for the arrest request, causing her to be admitted to a hospital. In 1987 Battaglia admitted guilt to a misdemeanor charge and was punished with probation for a two-year period. The woman who would become his second wife, Mary Jean Pearle, resided in
Highland Park, Texas Highland Park is a town in central Dallas County, Texas, United States. The population was 8,864 in 2020. It is located between the Dallas North Tollway and U.S. Route 75 (North Central Expressway), north of downtown Dallas. Highland Park is b ...
, in the Dallas-Fort Worth metroplex. They married on April 6, 1991. His two daughters with Pearle, Mary Faith (1992–2001) and Liberty Mae Battaglia (1995–2001) were students at John S. Bradfield Elementary School in Highland Park. In January 1999, Pearle separated from Battaglia after verbal abuse, and he was not permitted to live with her. At Christmas 1999, Battaglia was on a visit to see Faith and Liberty when he attacked Pearle in a domestic violence incident. As a result, he pleaded guilty to a misdemeanor-level assault charge and was given two years' probation. Pearle filed for divorce immediately after the incident, and the divorce was finalized in August 2000. Pearle was attempting to have Battaglia's parole revoked because he had harassed her over the telephone. He was not supposed to send messages to her, and she contended that he should be incarcerated because of his history of domestic violence. He also used marijuana, which violated the terms of his probation. Up to that point, he had not hit either of his daughters. Pearle stated that he previously doted upon them, and until he killed the girls, she did not believe he was willing to harm them despite his earlier domestic violence towards adult women. He was allowed to have periodic visits with them. To his acquaintances, he made negative statements about his ex-wives while making positive statements about his daughters. Jacquielynn Floyd, a columnist for ''
The Dallas Morning News ''The Dallas Morning News'' is a daily newspaper serving the Dallas–Fort Worth area of Texas, with an average print circulation of 65,369. It was founded on October 1, 1885 by Alfred Horatio Belo as a satellite publication of the ''Galvesto ...
'', stated that "He fooled people into believing he was a devoted father."


Murders

On May 2, 2001, Pearle left her daughters with Battaglia for a planned dinner at the mall, but he instead took them into his apartment in the Adam Hats Lofts in
Deep Ellum Deep Ellum is an American neighborhood composed largely of arts and entertainment venues near downtown in East Dallas, Texas. The name is based on a corruption of the area's principal thoroughfare, Elm Street. Older alternative uses include De ...
in
Dallas Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...
. Battaglia called Pearle from the apartment. With Pearle on the phone he shot and killed his daughters, ages 6 and 9. During the phone call, he asked Faith to ask Pearle, "Why do you want Daddy to go to jail?" Before her death, she cried, "No, Daddy!” “Please don't!” “Don't do it!" Pearle then told the girls to run, but, it was too late. Jon grabbed his gun and shot Faith three times and shot Liberty five times with his gun. He told Pearle, "Merry Fucking Christmas", in reference to the Christmas 1999 assault. Pearle terminated the call and dialed
9-1-1 , usually written 911, is an emergency telephone number for the United States, Canada, Mexico, Panama, Palau, Argentina, Philippines, Jordan, as well as the North American Numbering Plan (NANP), one of eight N11 codes. Like other emergency nu ...
. After the killings, Battaglia left a message on the answering machine in the girls' bedroom:Pence . Chapter 37. Pages 1-2 "After several moments, ..he wanted to go to her daughters’ room. .. light flickered on their answering machine. ..orror swept over her when she heard John Battaglia’s voice. .. "Hi, girls. I just want to tell you how very, very brave you were, and I hope you are resting in a better place now. I wish that you had nothing to do with your mother. She’s evil and vicious and stupid!" Battaglia then visited a
tattoo parlor A tattoo artist (also tattooer or tattooist) is an individual who applies permanent decorative tattoos, often in an established business called a "tattoo shop", "tattoo studio" or "tattoo parlour". Tattoo artists usually learn their craft via a ...
and got two roses, representing his daughters, on his left
biceps The biceps or biceps brachii ( la, musculus biceps brachii, "two-headed muscle of the arm") is a large muscle that lies on the front of the upper arm between the shoulder and the elbow. Both heads of the muscle arise on the scapula and join ...
. He was apprehended shortly afterward, getting into a fistfight with the arresting police officers, which left him with a black eye. Police confiscated sixteen firearms from the house. Texas authorities stated that Battaglia killed his daughters out of retaliation because Pearle had complained to his probation officer. The funeral for the two girls was held at Our Redeemer Lutheran Church in
North Dallas North Dallas is an area of numerous communities and neighborhoods in Dallas, Texas (United States). The phrase "North Dallas" is also sometimes used to include any suburb or exurb north of Dallas proper within the metropolitan area. The majority of ...
, and they were buried at Hillcrest Cemetery, in North Dallas, with Pearle's father.


Legal proceedings and execution

Battaglia's capital murder trial began on April 22, 2002, and was held at the Frank Crowley Courts Building in Dallas. Howard Blackmon was the lead prosecutor; Battaglia was represented by Paul Johnson and Paul Brauchle. Jurors deliberated for 19 minutes before convicting Battaglia of the highest charge, capital murder. During the penalty phase of the trial, Battaglia's lawyers argued that their client should not receive the death penalty because he had
bipolar disorder Bipolar disorder, previously known as manic depression, is a mental disorder characterized by periods of depression and periods of abnormally elevated mood that last from days to weeks each. If the elevated mood is severe or associated with ...
. On April 30, 2002, the same jury sentenced Battaglia to death. After he received his sentence, Battaglia was held at the
Polunsky Unit Allan B. Polunsky Unit (TL, formerly the Terrell Unit) is a prison in West Livingston, unincorporated Polk County, Texas, United States, located approximately southwest of Livingston along Farm to Market Road 350. - Note the 2010 U.S. Cen ...
near
Livingston Livingston may refer to: Businesses * Livingston Energy Flight, an Italian airline (2003–2010) * Livingston Compagnia Aerea, an Italian airline (2011–2014), also known as Livingston Airline * Livingston International, a North American custom ...
. After the sentencing, his ex-wife told him to "burn in hell forever". She also said: "You are one of the most heinous murderers of modern times. I would like to say the next time you see me is when they put the needle in your arm....But I'm not going to waste the time to be there." Pearle changed her mind and witnessed the execution nearly sixteen years later. Christie Battaglia publicly expressed support for Battaglia's execution, as did Ghetti. Death sentences are automatically appealed, and Battaglia's appellate attorneys fought to have his sentence commuted from death to life-without-parole. Battaglia was scheduled to be executed on March 30, 2016, but the
Fifth U.S. Circuit Court of Appeals The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
issued a
stay Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tri ...
so that the court could rule on his attorneys' claims that he was not mentally competent to be executed. The State of Texas did not challenge this stay, and his execution was postponed. On August 15, 2016, Battaglia was given an execution date of December 7, 2016. On December 2, 2016, the Texas Court of Criminal Appeals issued a stay of execution for Battaglia due to questions concerning his mental competency. The ruling gave his attorneys 60 days to argue before the Court of Criminal Appeals. On September 20, 2017, the
Texas Court of Criminal Appeals The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges. Article V of ...
dismissed Battaglia's claim of mental incompetence. At a competency hearing in November 2016, a mental health expert testified that Battaglia was likely faking symptoms of mental illness in an attempt to delay his execution. The appeals court affirmed this, stating that Battaglia was likely
malingering Malingering is the fabrication, feigning, or exaggeration of physical or psychological symptoms designed to achieve a desired outcome, such as relief from duty or work. Malingering is not a medical diagnosis, but may be recorded as a "focus of c ...
. Before making the challenges of mental capacity, Battaglia read about relevant legal cases at Polunsky Unit's law library. On October 31, 2017, Battaglia's death warrant was signed, and a new execution date was set for February 1, 2018. Subsequent appeals failed. Battaglia was executed by
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
at 9:40 p.m. CST on February 1, 2018, at the
Huntsville Unit Texas State Penitentiary at Huntsville or Huntsville Unit (HV), nicknamed "Walls Unit", is a Texas state prison located in Huntsville, Texas, United States. The approximately facility, near downtown Huntsville, is operated by the Correctional Ins ...
in
Huntsville Huntsville is a city in Madison County, Limestone County, and Morgan County, Alabama, United States. It is the county seat of Madison County. Located in the Appalachian region of northern Alabama, Huntsville is the most populous city in th ...
, nearly sixteen years after his original sentencing. No one was in the convict's side of the witness room. Mary Jean Pearle was in the victims' side of the death chamber viewing area to watch him die; upon seeing his ex-wife in the witness room, Battaglia said "Well, hi Mary Jean", then, turning to the warden, stated "I'll see y'all later. Bye. Go ahead, please." As she walked away from the glass window that separated her from Battaglia, Pearle said, "I've seen enough of him."


Aftermath

During the 2000s, this was one of a spate of domestic homicides related to the Park Cities, Highland Park and University Park, two wealthy enclaves in the metroplex. Stephen Michaud of the ''
Dallas Observer ''Dallas Observer'' is a free digital and print publication based in Dallas, Texas. The ''Observer'' publishes daily online coverage of local news, restaurants, music, and arts, as well as longform narrative journalism. A weekly print issue circ ...
'' wrote: "never in memory have the Park Cities been jolted by such unspeakable, and apparently similar, family homicides as the three most recent killings, all of which occurred in a 25-month cluster." ''No, Daddy, Don't!: A Father's Murderous Act of Revenge'', a 2003 nonfiction book by Irene Pence, is about the murders. As a result of the crime, Toby Goodman sponsored a bill in the
Texas State Legislature The Texas Legislature is the state legislature of the US state of Texas. It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a powerful arm ...
that would ask judges to consider history of domestic violence when considering whether or not parental visits with children would be supervised. The
Texas Senate The Texas Senate ( es, Senado de Texas) is the upper house of the Texas State Legislature. There are 31 members of the Senate, representing single-member districts across the U.S. state of Texas, with populations of approximately 806,000 per cons ...
unanimously passed Bill 140, which was signed into law by
Texas Governor The governor of Texas heads the state government of Texas. The governor is the leader of the executive and legislative branch of the state government and is the commander in chief of the Texas Military. The current governor is Greg Abbott, who ...
Rick Perry James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 and as the 47th governor of Texas from 2000 to 2015. Perry also ran unsuccessfully for the Republica ...
, taking effect on September 1, 2001. Hannah's House, a supervised visitation facility was founded as a direct result of this case and SB 140. A chance meeting at the courthouse during the sentencing phase between Mary Jean Pearle and the founder/executive director Wayne Whitworth ultimately resulted in her joining the Board of Directors for a short while. Later, Faith And Liberty's Place, a center for supervised visits of children operated by the Dallas domestic abuse shelter The Family Place, was established in memory of the victims. Dallas County Family Court Judge David Finn had dismissed Battaglia's assault charge in a previous hearing. The year after the killings, he resigned his position as a judge and ran against incumbent Bill Hill for election as Dallas County
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
. Pearle campaigned against Finn, stating that his ruling kept Battaglia out of prison, which allowed the father to kill his daughters. Finn lost the March 12 election when he received only 25% of the vote.Pence . Chapter 40. Second and third pages. "Mary Jean Pearle read about the debate ..A Bill Hill soundly defeated David Finn by a percentage of 59 to 25."


See also

*
List of people executed in Texas, 2010–2019 The following is a list of people executed by the U.S. state of Texas between 2010 and 2019. All of the 120 people (117 males and 3 females) during this period were convicted of murder and executed by lethal injection at the Huntsville Unit in H ...
*
List of people executed in the United States in 2018 This is a list of people executed in the United States in 2018. A total of twenty-five people, all male, were executed in the United States in 2018; of whom 23 died by lethal injection and two, in Tennessee, by electrocution, marking the first cal ...
Other cases of filicide in Texas: *
Darlie Routier Darlie Lynn Peck Routier (born January 4, 1970) is an American woman from Rowlett, Texas, who was convicted and sentenced to death for the murder of her five-year-old son Damon in 1996. She has also been charged with capital murder in the deat ...
*
Andrea Yates Andrea Pia Yates ( Kennedy; born July 2, 1964) is an American woman from Houston, Texas, who confessed to drowning her five children in their bathtub on June 20, 2001. She had severe postpartum depression, postpartum psychosis, and schizophreni ...
* Deanna Laney murders *
Dena Schlosser Dena Schlosser ( Leitner, born 1969) is an American woman who lived in Plano, Texas, who, on November 22, 2004, used a knife to amputate the arms of her eleven-month-old daughter, Margaret, who died as a result. Plano police responded to a 9-1 ...
*
Ronald Clark O'Bryan Ronald Clark O'Bryan (October 19, 1944 – March 31, 1984), nicknamed The Candy Man and The Man Who Killed Halloween, was an American man convicted of killing his eight-year-old son Timothy (April 5, 1966 – October 31, 1974) on Halloween 1974 ...
*
Yaser Abdel Said Yaser Abdel Said ( ar, ياسر عبد السعيد; born January 27, 1957) is an Egyptian-American former taxi driver and convicted murderer. For 12 years, Said evaded arrest for the January 1, 2008, fatal shootings of his two daughters, Amina ...
Cases of filicide attributed to revenge against an ex-spouse: * Elaine Campione * Amy Hebert * Murder of the Kumari-Baker sisters * Charles Mihayo *
Aaron Schaffhausen Aaron Schaffhausen is a man who murdered his three daughters in their house in River Falls, Wisconsin in 2012. Background Aaron and Jessica Schaffhausen married in 2000 and both filed for divorce in 2011; the divorce was finalized in January of ...


Notes


References


Further media

; Videos * * *


External links


IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-77, 069 JOHN DAVID BATTAGLIA, Appellant v. THE STATE OF TEXAS ON REVIEW OF AN ARTICLE 46.05 COMPETENCY TO BE EXECUTED HEARING FROM CAUSE NO. F01-52159-H IN CRIMINAL DISTRICT COURT NO. 1 DALLAS COUNTY - RICHARDSON, J., delivered the opinion of the Court in which KELLER, P.J., and KEASLER, HERVEY, YEARY, NEWELL, KEEL, and WALKER, JJ. joined. ALCALA J. filed a dissenting opinion.See document
at
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Document
at
Findlaw FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. ...
) - Decided: September 20, 2017 *
Dissenting opinion by AlcalaBattaglia v. Stephens United States Court of Appeals, Fifth Circuit. 824 F.3d 470 (5th Cir. 2016)
- Casetext * {{DEFAULTSORT:Battaglia, John 1955 births 2001 murders in the United States 2018 deaths 20th-century American businesspeople 21st-century executions of American people 21st-century executions by Texas American accountants American murderers of children American people convicted of murder American people of Italian descent Businesspeople from Texas Dumont High School alumni Filicides in Texas Incidents of violence against girls People convicted of domestic violence People convicted of murder by Texas People executed by Texas by lethal injection People executed for murder Military personnel from Dallas United States Marines